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Terms & Conditions
Your access to this website is subject
to these Terms and Conditions and any disclaimers or other conditions
or statements contained on this website (referred to collectively
as "Terms and Conditions"). By using the Elite
Cake Designs service, you agree to be bound by these Terms and Conditions.
Elite Cake Designs may at any time, at its sole
discretion, amend, vary or modify these Terms Conditions without
notice. Modifications to this site including these Terms and Conditions
will be effective immediately and any subsequent use by you of
the website will constitute an acceptance of those modifications.
Please re-read these terms and conditions before subsequent use.
In the event that you do not agree with any of these terms and conditions
or any changes made, you must immediately stop using this site.
Please read the following Terms and Conditions carefully before placing
your order with Elite Cake Designs:
1. Your Order
a) All
of your contact, cake design (including photo), delivery and
payment details, will be included for your reference and approval
on our Cake
Design Agreement Form that we prepare and forward to you upon
your order request. At this time, a temporary position is held
for your requested order date.
b) Every single order carried out, is strictly based
on our written Cake Design Agreement.
c) Once you receive your Cake Design Agreement Form,
it will need to be checked, signed and returned to us by within 2 days.
This time may be slightly extended upon request and will be subject
to our management approval.
d) It will be your responsibility to thoroughly
check that all information on the Cake Design
Agreement Form are correct
prior returning this form, as we will not be liable for any errors.
e) An order is valid and temporary position held
becomes secure, only if the Cake Design Agreement has been
signed, returned and deposit has been paid by the customer within
the specified by our company timeframe.
f) Failure to return your Cake Design Agreement
Form by the specified by our company timeframe, may result in the
cancellation of the temporary position held for your order. Therefore,
this position will be given to another customer.
g) We do not and never accept "verbal" Cake
Design Agreement approvals by customers.
h) It will be your responsibility to make sure that
you can receive emails at all times. We will not be held liable in
the event that you miss any of our reminder emails (being for Cake
Design Agreement return, deposit or final payments), due to internet,
software, full mailbox or computer problems.
2. Pricing
a) All of our cake prices displayed on our website or quoted
during a customer enquiry, are current and may change from time to time due to
a price increase on ingredients and other materials by our suppliers.
b) A price quoted during an enquiry, is guaranteed to remain
unchanged, only if a relative booking has been confirmed via a signed Cake Design
Agreement and a deposit payment.
c) All of our quotes are valid for 30 days only.
3.
Deposit & Final Payment
a) Upon signing and returning the Cake Design
Agreement you will need to place a 25% deposit to secure
your position. The remaining 75% will need to be paid at least
3 days prior delivery.
This applies for orders up to the value of $1,200.
b) For orders above
$1,200, a payment schedule will be issued by our sales department.
All scheduled progress payments, including final payment, will
need to be paid by their due date. Failure to pay a progress payment by
its due date, may result in your order to be cancelled. In such
event, any payments made up to the date of cancellation, will not
be refunded.
c) In case of a short notice order (up to
14 days prior event) a non refundable 80% deposit will need
to be placed. The remaining 20% will need to be paid at least
3 days prior delivery.
d) Our Custom Cake Sketch Service deposit of $100 is non refundable. This deposit will be deducted from the cake price once an order has been placed.
e) We reserve the right not to deliver your
cake if final payment has not been received by 3 days prior
delivery.
f) You will remain liable for the final payment
if payment has not been received by us even after your event
date.
g) When paying via Direct Branch Deposit or
Electronic Funds Transfer, please include the reference number
provided upon receiving your "Cake
Design Agreement Form".
h) For final payments made via EFT (Electronic
Funds Transfer), please ensure your payment is made not less
than 2 days prior to the final payment deadline (3 days prior
delivery) as funds can take up to 48 hours to be transferred
into our account. This is not taking into account any possible
errors that may extend this time.
i) As a measure against fraud, an EFT (Electronic
Funds Transfer) "Remittance Advice" showing a payment made
to our company, would not be accepted as a proof of payment.
An EFT (Electronic Funds Transfer) payment would only be classified
as "received" by our company, only
when the funds of the transaction become available within our
bank account. It will be your responsibility for the funds
to be available within our account by any payment deadline.
j) If a final payment made via EFT (Electronic
Funds Transfer) or Direct Branch Deposit does not appear within
our account one (1) day prior to delivery, a credit card payment of the final amount will be required. If the original
final payment, deposited via EFT or Direct Branch Deposit,
appears within our account after we have debited your credit
card, we will then provide a
refund of this amount back to
your credit card.
k) For money order and bank cheque final payments
sent via post, please ensure you send your payment a
few days prior final payment deadline (3 days prior delivery).
Please consider that Australia Post is closed during public
holidays and long weekends.
It would be your responsibility that we receive your payment in time.
4. Cancellation
a) If you decide to cancel your order, the deposit
will be fully refunded only if the order is cancelled in writing within
7 days from the date the order was placed. After this time the deposit
will not be refunded. This does not apply for short notice orders as
the deposit is non refundable.
b) For short notice orders (up to 14 days prior to event) the deposit is
non refundable in case of cancellation.
c) In the event of a cancellation (by the customer)
of an order above $1,200 where a payment schedule has been issued, payments
made by the customer up to the date of cancellation, will not be
refunded.
d) If you decide to cancel your order within the
7 days prior to delivery, you will still be liable for the final
payment.
5. The Cake
a) Models and flowers may contain either wire,
beads, crystals or cocktail sticks, and should not be eaten. It
will be your caterer's responsibility to remove these including
any gold and silver plated colouring prior serving the cake.
b) In some extremely rare cases it may be necessary
to slightly change a colour or vary a product from the picture
on our site as certain cake decorating items may from time to time
be unavailable by our suppliers. However, we will substitute the
original product with an equally or better quality product. You
will be notified
upon order request if such change is to take place.
c) All of our sugarcrafted figurines, models and
decorations are fully and individually hand made
and not machine manufactured. Therefore, they may slightly and
finely vary between the ones displayed on our website.
d) Our cakes may contain traces of nuts and fruit
cakes will contain alcohol unless specifically requested.
e) Portion guides are only approximate and dependent
on correct cutting.
We cannot be held responsible for shortfalls in portions.
f) All cakes should be stored in a cool and
dry area, on a flat sturdy surface.
Never place cakes in the fridge prior cutting as colour may
run. Mud Cake and Carrot cake will keep moist for one week
after delivery if covered. Fruitcake lasts well for months not years.
g) Our cake setup upon delivery is about assembling
multi tiered cakes that are impossible to deliver as a whole cake.
Setup does not include cake table or area decoration.
h) Cupcake stand decorations displayed on our website
are not included in the sale or hire price of our stands. They are
sold separately and are subject to availability.
i) All of our cakes do not come with candles. Upon customer's request, board type bullet candles may be purchased separately.
j) We reserve the right to photograph the cake on
delivery and these photographs remain our property.
k) All photos displayed on our website have been
professionally edited with professional photo editing software using
high quality Apple Mac "true colour" computer monitor displays.
Colours, contrast or brightness
of photos may slightly vary while viewing on other brand
monitor displays.
6. Delivery
a) Please make sure that a contact person will always be available
to contact prior delivery.
b) If you have not arranged for someone at the delivery point to
accept the cake, the cake will be deemed to be acceptable.
c) If you are not going to be the person receiving
your order delivery, please ensure that your assigned order
recipient or representative is fully aware and informed about
your order description, including product
care and storage instructions listed in section 5f of our terms
and conditions. Your assigned order recipient or representative
will need to check your order carefully and sign it off as been
correct and in good order. Once our "Delivery
Confirmation Form" has been signed by your assigned order
recipient or representative, your order will be deemed as "accepted".
d) If the cake is to be left unattended,
we cannot be held responsible for any damage or loss occurring
after we have left the venue.
e) For interstate deliveries,
we use the best and well renowned perishable air delivery services
available in Sydney. Our cakes are very well and safely boxed,
labelled and specially structured with internal cake supports to
prevent any tier movement during air delivery. However, we cannot
be held responsible for any damage or loss of your cake after delivery
and drop-off to Sydney Airport.
f) Even though it has never occurred, in the event
that our local delivery vehicle delivering your cake becomes involved
in an accident, and your cake gets damaged, we will provide you
with a full refund, that will include the cost of the cake and
delivery fee. We will not be liable to any further charges.
g) We would not be liable for any delays that
are beyond our control, such as traffic jams, road closures due
to festivals, accidents, road works, flight delays, airport closures
or bad weather conditions.
h) Venue parking should be available for delivery.
If unavailable, any parking fees above $10 will be charged to customer's
credit card.
7. Testimonials
We reserve the right to publish customer testimonials
received via email on our website, purely for web visitor reference.
Customer's first name and surname initial is listed for privacy reasons.
If for any reason you do not wish for your testimonial email
to be listed, please contact us at:
webmaster@elitecakedesigns.com.au and we will remove
your email immediately.
8. Agreement to Terms and Conditions
By proceeding with a purchase you are in agreement with our terms and
conditions as stated above.
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